ILLINOIS
    POLLUTION
    CONTROL
    ~CA1~D
    August
    i~,
    1977
    JAMES T.
    NEWMAN,
    )
    Petitioner,
    v.
    )
    PCB 77—137
    ENVIRONMENTAL PROTECTION
    )
    AGENCY,
    Respondent
    OPINION AND ORDER OF THE BOARD
    (by
    Mr. Goodman):
    This matter is before the Board on a Variance Petition filed
    May 20,
    1977 seeking variance from Chapter
    3:
    Water Pollution
    Regulations,
    Rule 602(b).
    On June
    9,
    1977 Petitioner amended the
    Petition
    in compliance with the Board Order of May 26,
    1977 by
    waiving the hearing.
    Petitioner requests a variance to allow the connection
    and
    operation of sewer extensions for five of ten residential lots in
    the Newman subdivision of New Athens,
    St. Clair County.
    The New
    Athens sewage system is on restricted status.
    It was designed to
    treat a population equivalent of 2000 but presently serves 2050
    residents.
    The New Athens plant, which discharges into a one-half
    mile ditch connecting to the Kaskaskia River,
    is periodically over-
    loaded,
    both hydraulically and organically.
    The Agency indicates
    the plant is well run,
    though,
    and sample analyses indicate the
    effluent has been close to meeting effluent standards.
    Further,
    the plant is presently being upgraded to treat a population
    equivalent of 3000 and is scheduled for completion in January,
    1978.
    Newman argues that denial of the variance would impose an
    arbitrary and unreasonable hardship.
    Prospective lot owners would
    be forced to install septic tanks at a cost of $1,000 and then
    26~351
    ‘c7
    remove
    the
    tank after a period possibly as
    short as four or five
    months.
    This would deter buyers from locating in the ~
    sub-
    division
    and
    would
    leave
    Petitioner
    with
    the
    cost
    of
    his
    investment
    but no return.
    Against
    Petitioner~s
    hardship
    weighs
    the
    short
    time
    before restricted
    status
    is
    lifted
    and
    the
    effluent
    samples
    showing
    standards are
    presently
    close
    to
    being
    met.
    Because
    minimal
    environ-
    mental
    impact
    will
    result
    from
    the
    connection
    of
    the
    five
    residences,
    we
    believe
    denial
    of
    the
    variance
    would
    impose
    an
    arbitrary
    and
    unreasonable
    hardship.
    The
    variance
    is
    granted
    until
    April
    1,
    1978
    or
    until the New Athens
    upgrading
    rac~iity
    ~s
    ~n
    operation, wnch—
    ever is first.
    This Opinion
    constitutes
    the
    Boari~s
    find~nq
    of
    fact and
    conclusions of law in this matter.
    The Pollution Control Board hereby grants James
    T. Newman
    variance from Rule 602(b)
    of Chapter
    3:
    ~fater Pollution Regulations
    to allow the connection
    and
    operation
    of
    sewer
    extensions
    to
    five
    (5)
    residences
    in the
    New
    Athens
    subdivision
    herein
    until April
    1,
    1978 or until the New Athens upgraded facility is fully operational,
    whichever is first.
    IT IS SO ORDERED.
    I,
    Christan
    L.
    Moffett~
    Clerk
    of
    the
    Illinois
    Pollution Control
    Board,
    hereby
    certify
    the
    abqve
    Opinion
    and
    Order
    were
    adooted
    on
    theJ2±
    day
    ~
    1977
    by
    a
    vote
    of~~____
    ____
    Christan L. Moff
    Clerk
    Illinois Pollutio
    ontrol Board
    ~28-352

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